In re New York Tunnel Co.
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. Petition to review two bankruptcy orders of the District Court, Southern District of New York.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy. Petition to review two bankruptcy orders of the District Court, Southern District of New York. The first order, dated October 15. 1907, enjoins Mary Hatch Riggs, administratrix, from prosecuting an action pending in a state court against the alleged bankrupt to recover damages for negligence causing the death of her intestate, and referring her claim to a special master for liquidation and determination. The second order, dated November 1, 1907, contains a…
1Opinion of the Court
NOYES, Circuit Judge.
The question in this case is whether unliquidated claims, like the petitioners’ demands, founded upon torts are provable against a bankrupt estate.
Section 11a of the bankrupt law (Act July 1, 1898, c. 541, 30 Stat. 549 [U. S. Comp. St. 1901, p. 3426]), provides:
“A suit which is founded, upon a claim from which a discharge would ho a release', and which is pending against a person at the time of the filing of a petition against him, shall he stayed until after an adjudication or the dismissal of the petition; if such person is adjudged a bankrupt, such, action may be…
2Cases cited3 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Brown & Adams v. United Button Co.Court of Appeals for the Third Circuit · 1906
3Cited by17 opinions
- Lewis v. RobertsSupreme Court of the United States · 1925
- Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
- In re New York Tunnel Co.Court of Appeals for the Second Circuit · 1908
- Lane v. Industrial Com'r of State of New YorkCourt of Appeals for the Second Circuit · 1931
- Clarke v. RogersCourt of Appeals for the First Circuit · 1910
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